All EEA nationals have an initial right of residence in the UK of three months.  All EEA nationals have a right to continue to reside in the UK as long as they are a ‘qualified person’, i.e. they are an EEA national exercising Treaty rights in the UK.  Treaty rights refer to any of the following:-

• Employment (including job seeking)
• Self-Employment
• Study
• Economic Self-Sufficiency

Those in study and the economically self-sufficient have to have comprehensive sickness insurance in place (in order not to become a financial burden on the host state) before their Treaty rights are effective.

Qualified persons

The following, therefore, are qualified persons and have a right to reside and work in the UK for as long as they remain a qualified person: job seekers; workers; self-employed persons; students with comprehensive sickness insurance; the economically self-sufficient with comprehensive sickness insurance.

Job seekers

An EEA national may exercise Treaty rights in the UK as a job seeker if they are seeking work. They must show they are actively seeking work and have a realistic chance of finding work.

Workers

All EEA nationals have automatic rights to reside and work in the UK except Bulgarians and Romanians who are still subject to work restrictions and need to apply for the relevant documentation. Bulgaria and Romania (known as A2 countries) joined the EU in 2007. Nationals of these countries have the same right to enter and live in the UK as other EEA nationals but, unless exempt, nationals of these countries need permission to work before taking employment.

It is not necessary to have full-time employment in order to be a qualified person and qualify for a Registration Certificate.  Part-time employment renders an EEA national a qualified person, as long as it is ‘genuine and effective’ employment and workers can even supplement their income with public funds.

If a person is unable to continue employment due to involuntary redundancy, they do not lose the right to reside if they had been working for at least a year before redundancy and register as unemployed.  They can be unemployed for more than six months if they can show they are actively seeking work and have a genuine chance of being engaged.  A person does not cease to be a worker owing to a temporary inability to work as a result of accident or illness.

Self-employed

Anyone who claims to be a qualified person in this category must be self-employed and registered for income tax and national insurance purposes as a self-employed person with HM Revenue & Customs (HMRC).  A self-employed person who is temporarily unable to continue self-employment owing to accident or illness will not lose their status as a qualified person.

Students

To be a qualified person as a student the student must:

• Be enrolled on a course of study at a private or public educational establishment
  recognised as an education or training provider
• Show they have enough money to meet their living expenses
• Be registered on a course of study that has started
• Have comprehensive sickness insurance

The Economically Self-Sufficient

A self-sufficient person is someone who has enough money to pay for their living expenses without claiming benefits in the UK and who has comprehensive sickness insurance in the UK.

To be accepted as a self-sufficient person they must be able to show more than the maximum level of resources which a UK national and their family members can have in order to qualify for social assistance under the UK benefits system.

Registration Certificates

A registration certificate proves the holder’s entitlement to reside in the UK, although there is no requirement for EEA nationals to obtain a Registration Certificate as it only confirms a right to reside and work in the UK.  It is therefore a document of administrative convenience which evidences the right to reside rather than a legal document which gives the right of residence.

Nationals of all the EEA states (except Bulgarians and Romanians) can make an application for a Registration Certificate if they are a ‘qualified person’.  They will need to provide:-

• Evidence of EEA nationality, i.e. a valid passport or national identity card.
• Evidence that they are a ‘qualified person’ in that they are exercising a Treaty right, or they are an EEA national spouse, civil partner, partner, or family member of a person exercising a Treaty right.

A Registration Certificate is normally issued for five years unless a shorter period of employment is intended and stated in the application.

Settlement

EEA nationals and their family members who have resided in the UK ‘in accordance with [the EEA] Regulations’ for a continuous period of five years acquire a permanent right of residence.  In accordance with the Regulations simply means that the qualified person has effectively exercised Treaty rights throughout and the family member has remained the family member of a qualified person throughout.

This right of permanent right of residence is automatically acquired and there is no requirement to apply for a document certifying a permanent right of residence but, again, this is a document of administrative convenience which proves the holder’s right.  The permanent right of residence is not dependent on the exercise of any Treaty rights.

Family Members

Family members would be issued a Registration Certificate (provided they are also EEA nationals) in line with the main applicant.  If the family member is a non-EEA national they should apply for a Family Permit (if applying to enter the UK and issued for a period of six months) or a Residence Card if already in the UK (issued for a period of five years).

A family member includes a spouse, child under the age of 21 and direct relatives in the ascending line where they are financially dependent on the qualified person. Other relatives can come under the definition of an ‘extended family member’ (treated as family members) but they are required to prove that they were financially dependent on the EEA national or were a member of the qualified person’s household before arrival in the UK.

Family members’ retention of rights

Family members who are not exercising Treaty rights (which includes non-EEA national family members) are dependent on the qualified person for their right of residence.  If the qualified person ceases to be a qualified person the family members will normally lose their right of residence also but there are provisions to allow family members to retain a right of residence in certain circumstances.

If the family member was living in the UK for at least at year when the qualified person died they will retain a right of residence if they can show they would be exercising Treaty rights if they were an EEA national (i.e. they are a working or a student, etc.).

If the family member was the spouse of a qualified person they can retain a right of residence in the event of divorce if: the qualified person was a qualified person on the date of the Decree Absolute; before the start of divorce proceedings, they had been married for three years and both spouses had lived in the UK for a at least a year during the marriage; the family member can show they would be exercising Treaty rights if they were an EEA national.

There are different provisions for children where their parent ceases to be a qualified person but a child will be allowed to stay in the UK if they have been installed in school whilst the parent was a qualified person.  The surviving parent of such a child would also retain a right of residence.

Public Funds

EEA nationals residing in the UK would be expected to arrange for their maintenance and accommodation without recourse to public funds but any public funds taken do not have any effect on their right to live and work in the UK, as long as they remain a qualified person.

Our Services

• We can advise you on your eligibility for a Registration Certificate, Family Permit, Residence Card or document certifying a permanent right of residence
• We can advise on the legal requirements, procedure and as to the required supporting documents for making an application for a Registration Certificate, Family Permit, Residence Card or document certifying a permanent right of residence
• We can also advise on the merits of any appeal should your application for any of these documents be refused and assist and represent you in an appeal

Law Firm has extensive experience in assisting nationals with EEA applications who wish to bring their family members to the UK and would be happy to advise you on your eligibility in one of our consultations. This can be provided via skype or face to face at our London or Moscow office.